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Generally the only option the person who wants to sell their share of the property has is to file a partition of property lawsuit. Depending upon the state laws and the number of owners, a lawsuit can be a complicated, lengthy, and costly process and is best handled by a qualified attorney.

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โˆ™ 2005-10-14 12:59:39
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Q: How do you force a tenant in common member to sell his undivided share on farm property?
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Can a person place a lien on property they own with a family member if the family member owes them money?

Yes, a tenant in common can place a lien on the property interest of another tenant in common.


Can you sell your half interest in land as a joint tenant with right of survivorship without the co-owner's signature?

Yes, you may. The new owner will own a one-half undivided interest as a tenant in common.Yes, you may. The new owner will own a one-half undivided interest as a tenant in common.Yes, you may. The new owner will own a one-half undivided interest as a tenant in common.Yes, you may. The new owner will own a one-half undivided interest as a tenant in common.


You have lived for 20 years on the same property with a significant other your name is on the deed to the property what rights to the property do you have?

If your name is on the deed as a grantee, then you have an ownership interest in the property. It may be tenant-in-common or joint tenant (with right of survivorship). In either case, you have an "undivided" co-ownership of the property.


Can you bequeath property you own as tenant in common?

Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.


Does a tenant have to leave a property in the same condition they got the property?

Yes, that's the common obligation. Similarly, a landlord has to maintain a property in a habitable state and (roughly) in the condition it was in when the tenant moved in.


What rights does a sitting tenant have in a property owned by tenants in common if that sitting tenant was written into the deeds when the property was signed over to the tenants in common?

youy cant evict them until they die look up news a landlord recently killed a siting tenant


Can a lien be placed on a house from a bank debt from a tenant?

No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.


Can tenancy in common pass property through survivorship?

No. The tenant must make a will.


Can one party in an undivided interest gift their share of the interest to another party outside the undivided interest owners?

Generally, yes. As long as the interest is not as a tenant by the entirety.


How do you title property if not married?

If you want the property to pass to the co-owner automatically if one owner dies then you should take title as joint tenants with the right of survivorship.a) Joint Tenants, with rights of survivorship (the title automatically passes to the survivor if one dies per above). Joint tenants do have a right of survivorship, but a joint tenant may sell or give away her interest in the property. If a joint tenant sells her interest in a joint tenancy, the tenancy becomes a tenancy in common, and no tenant has a right of survivorshipb) Tenants in Common: All tenants in common hold an individual, undivided ownership interest in the property. This means that each party has the right to alienate, or transfer the ownership of, his/her ownership interest. Tenants in common do not have a right of survivorship. In a tenancy in common, persons may sell or give away their ownership interest.


If parents sold an undivided interest in property to a son for a fair market value and the parents decide to sell can the son be forced to sell?

If you have an undivided interest in property you cannot be forced to sell by the co-owners. Only a court can force a sale. Your parents would need to petition the court to partition the property. The court would divide the property if possible. If not possible then the property would be sold and the proceeds, after legal costs, would be divided amongst the co-tenants. A partition proceeding can be costly. However, your parents could sell their interest in the property to a third party who would then become your co-tenant in common.


If one Tenant in Common owns the majority interest in the real property does he or she have complete control in selling it?

No. The co-tenant cannot sell the property without your approval. Your signature will be required on any deed of sale of the property. If you don't want to sell, you may need to buy the interest of the co-tenant.


What is a tenant?

A tenant is someone who lives in a property in an agreement that they pay rent the property or room from a landlord.


What does tenants in common on deed look like?

When two or more people purchase land, they can own it as 'joint tenants' or as 'tenants in common'. If they own it as joint tenants, they each own an equal share of the property. If one joint tenant dies, his/her share is extinguished and the remaining joint tenant(s) is/are the owner(s). The share of the deceased joint tenant does not become part of his/her estate. A husband and wife will usually own a property as joint tenants. If they own it as tenants in common, the share owned by each does not have to be equal. If one tenant in common dies, that share of the property becomes part of the estate of the deceased tenant in common. Usually the deed itself will state that the owners are either joint tenants or tenants in common.


What type of property ownership allows you to own your share independently and retain the right to transfer that share by sale?

Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.


If a tenant in common dies and states in their will that the other tenant can live in said property until death or sale what is the living person's financial obligations?

If property is not yet paid off, the living tenant must keep up with the mortgage payments or forfeit the dwelling to the next of kin.


Doeslandlord have to notify tenant if selling the property tenant is renting?

No.


Can a joint tenant force sale of the property?

Yes. A joint tenant can petition for partition of the property by the court.


Can a remainderman lease property of a lifetime estate to a leasing company without the life tenant's consent?

No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.


Does executor have right to sell house if you own half?

If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.


Can one tenant kick another tenant out?

It depends. The most common arrangement for tenants is for them to be "tenants in common," that is, equal parties to the lease. At common law, tenants in common have a duty not to infringe on the rights of the other tenants to access to the property. If one tenant kicked the other out in this arrangement, that would certainly be impermissible and the removed tenant could sue. On the other hand, if one tenant has some superior right to the property, for instance if one is the party to the lease with the landlord and the other tenant is a sublessee, then the party to the lease may have the right to kick out the sublessee. Keep in mind, this is at common law. Many states modify the common law by statute. You should consult a lawyer in your state to determine the correct answer for your state.


A couple who owned property as joint tenants got married and then divorced. Can one convey their share of the property to anyone else?

Yes. A joint tenant can convey their interest in real property and thus break the survivorship rights of the co-tenant. A tenant-by-the-entirety cannot defeat the survivorship rights of the co-tenant. In most jurisdictions, a divorce would automatically convert a T by E to a tenancy in common.


Can an owner of a life estate in Kentucky take out a mortgage on their property?

No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.


Is the lessor the landlord or the tenant?

The owner of the property is called the the lessor or landlord. The person who is renting the property is called the lessee or tenant.


Do both joint tenants have to be informed and agree for one to sell?

No. One joint tenant is free to sell their own interestin the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.